Petitions - City of Somerville

Board of Aldermen
Somerville, Massachusetts.
Gentlemen:
In compliance with the order approved by your Honorable Board March
13, 1930 referred to me June 6, 1930 concerning the interpretation of section
8 article 2 of the rules of the board of Aldermen. I herewith submit the following
opinion.
Under the provisions of section 11 of the city charter, the Board of
Aldermen are the sole judges of the election and qualification of its members
and shall from time to time make rules for its proceedings. The rule in question
more fully stated in said order still remains in full force and is operative
unless the rules of the Board are suspended by vote of .the Board.
This rule, in my opinion, prevents the reading of any official docu
ment or paper in the custody of the Board of Aldermen, Clerk of the Board of
Aldermen or any Committee of the Board of Aldermen, if any member objects to
the reading of such a paper, after the reading of the paper has been called
for by a member of the Board, it does not prevent a member of the Board of
Aldermen from reading excerpts from any paper or document or quoting from any
paper or document in his possession during debate of any subject, if pertinent
to the subject matter under discussion.
However, under the General Rules of parliamentary procedure, the
presiding officer may rule that certain statements or -conduct of members during
debate are out of order. In this event, the member ruled against may
appeal from the decision of the presiding officer but is bound by his ruling
unless the Board of Aldermen determine otherwise and refuse to sustain the
decision of the presiding officer.
The Board therefore may interpret the rules of debate as it in its
discretion deems wise, and its decision and the ruling of its President when
sustained by vote of the Board is final and binding on all its members.
The Board of Aldermen alone have the power to interpret its own
rules with relation to matters in debate, and in the last analysis the Board
is the sole judge of what matters are pertinent to the debate.
It therefore follows that my opinion in this particular instance
furnished at the request of the Board is merely advisory as I don't believe
that any court or legal authority has any jurisdiction over the subject matter
of debate in the Board of Aldermen.
DJK/AT
Mr. Worman K.
City Clerk
Somerville, Mass.
Dear Sir:
Placed on file.
Respectfully submitted
David J. Kelley
City of Somerville
Massachusetts.
Office of
Street Commissioner
City Solicitor
July 10, 1930
Answering your letter of June 30th referring to order passed by the
Board of Aldermen at their last meeting. I am pl^as.ftri_t-.n_fj]-pr.i avi the following
information:-
1925
1926
1927
1928
1929
1930
Tarco B
it ti
Tarvia B.
» n
Acme Surfacer
5.097
.0948
.0919-
.0889
.084
.07
7R7
Sand $1.45
1.53
1.53
1.48
1.14 to 1.25
1.24
44907
757